When you experience abuse or are threatened with abuse, you can file a Protection from Abuse Order (PFA), also called a restraining order. Unfortunately, many people wait too long before seeking a PFA. If you are at risk of abuse, take time to understand your legal rights and the legal protections available to you.
When Should You File for a PFA?
Really, you should seek a PFA whenever you are threatened with abuse. But it isn’t that simple if you don’t fully understand all the types of abuse you are legally protected from. Abuse is often equated with physical harm, and for very valid reasons. However, abuse can come in many forms, some of which may be types of abuse that you didn’t know warranted legal action.
Physical abuse – or domestic violence – is, unfortunately, one of the most common types of abuse. It also arguably requires the most immediate action to protect victims. If you or your children are suffering from violence or threats of violence, the court can issue a restraining order to prohibit the perpetrator from abusing, contacting, harassing, threatening or communicating with you or your children. A PFA can require an abusive partner to move out of your home, prevent the abuser from owning a firearm, and force the abuser to stay away from your place of employment or your children’s school. If you are in immediate danger of violence, you may request an emergency restraining order from an arresting officer, according to LegalZoom.
When someone – such as a partner or ex-spouse – constantly degrades you, attempts to unreasonably control your actions, turns your children against you, or threatens harm to you or your loved ones, it’s considered psychological abuse and merits a restraining order. According to HealthyPlace, psychological abuse can be as equally devastating as physical violence. It affects your inner thoughts and feelings, and exerts control over your life. You may feel uncertain of the world around you and unsafe in your own home. Psychological abuse can destroy intimate relationships, friendships, and even your own mental health.
Depletion of Assets
This kind of abuse is most common in divorce cases. If you can prove that your ex is moving or hiding your money or depleting or destroying assets to prevent you from acquiring your fair share, you can file a restraining order to prevent further action.
Patent and Trademark Infringement
While this might be a less common type of abuse, it is still very serious. According to LegalZoom, if another party is using, selling or manufacturing an item or logo that you invented and have patented without your consent, then they are committing an infringement upon your ownership rights. You can ask the court for a restraining order to prevent the continued illegal use, sale or manufacture of the patented or trademarked item while the lawsuit is pending.
Next Steps to Take
Do you need protection from abuse in the Naples, FL area? While you can obtain a PFA without help from a lawyer, abuse cases can get quite complex, and obtaining the results you need and want often requires advanced legal assistance. Contact Michael M. Raheb for aggressive representation in your abuse case. Call 239-226-0888 or send us a message online.
The Law Offices of
Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Fax Number: 866-949-0888